How the Florida Probate Process Works: Step-by-Step
Quick Read Summary (TLDR)
Florida probate is a court-supervised process that verifies a will, gathers a deceased resident’s assets, settles debts, and transfers remaining property to rightful beneficiaries. The three main procedures are formal administration, summary administration for smaller or older estates, and disposition without administration for very small estates. The standard process involves appointing a personal representative, notifying creditors, paying priority debts, and then distributing assets before the court formally closes the estate. A straightforward formal administration generally takes six to nine months, and consulting an experienced Florida probate attorney is highly advised due to the strict deadlines and fiduciary duties.
Contact South Florida Law for representation in a probate process by calling (954) 900-8885 or reach out via our contact form.
What Probate Is and Which Assets Are Involved
Probate is the legal process by which a deceased person, called the decedent, has assets distributed under court supervision. Probate assets generally include property the decedent owned solely in their own name, such as a home titled only to the decedent, a vehicle, and individually held bank or brokerage accounts. Non-probate assets pass outside the court process and typically include jointly owned property with rights of survivorship, life insurance proceeds payable to a named beneficiary, retirement accounts with designated beneficiaries, and assets held inside a properly funded trust.
Three Types of Florida Probate Administration
Florida law recognizes three different probate procedures, and the right one depends on the size of the estate and how long the decedent has been deceased.
Formal administration is the standard process for most estates of meaningful size. It requires appointment of a personal representative and full court oversight from start to finish.
Summary administration is an abbreviated process available when the probate estate, excluding exempt homestead property, does not exceed seventy-five thousand dollars, or when the decedent has been deceased for more than two years. It is faster and less costly, but those receiving estate assets may remain liable for creditor claims for up to two years after the date of death.
Disposition of personal property without administration is a non-court-supervised procedure used only in limited cases, generally for very small estates where the only assets are exempt property and amounts needed to reimburse final medical and funeral expenses.
Filing the Will and Opening the Estate
Florida law requires the custodian of a will to deposit the original document with the clerk of the circuit court in the county where the decedent lived within ten days of learning of the death, under Florida Statute 732.901. To begin formal administration, an interested party files a petition for administration along with a certified copy of the death certificate and a filing fee. The court then reviews the will for validity and opens the estate.
Appointment of the Personal Representative
The personal representative, called an executor in some states, administers the estate. If a valid will exists, it typically nominates a preferred personal representative. Otherwise, the court appoints someone in line with the priority rules in Florida Statute 733.301. Once Letters of Administration are issued, the personal representative has formal legal authority to act for the estate.
Notice, Inventory, and Creditor Claims
Within sixty days after Letters of Administration are issued, the personal representative must file a verified inventory of probate assets and their values. Florida Statute 733.212 requires written notice of administration to beneficiaries and other interested persons, while Florida Statute 733.2121 governs notice to creditors. Once notice is published, known and reasonably ascertainable creditors generally have three months to file claims. Florida Statute 733.710 imposes a two-year statute of repose, after which most creditor claims are forever barred regardless of whether probate was ever opened.
“Once notice is published, known and reasonably ascertainable creditors generally have three months to file claims.”
Paying Debts and Handling Disputes
After the claim period closes, the personal representative reviews each claim, paying those that are valid and objecting to any that appear improper or untimely. Funeral expenses, administrative costs, taxes, and other priority debts are paid first. If the estate cannot satisfy every obligation, Florida law sets the specific order in which creditors are paid. For example, an insolvent estate must follow the statutory priority list rather than paying whichever creditor demands payment first. Will contests, disputed claims, and family disagreements can extend the timeline considerably, which is why it is highly recommended that personal representatives engage an experienced Florida probate attorney early.
Distribution and Closing the Estate
Once debts and expenses are resolved, the personal representative petitions the court to distribute the remaining assets. Distribution follows the terms of the will or, if there is no will, the rules of intestate succession in Florida Statutes 732.102 and 732.103. Beneficiaries sign receipts confirming what they received, and the personal representative files a final accounting. Once the court approves the closing documents, the estate is formally closed and the personal representative is discharged.
Typical Timeline and Compensation
A straightforward formal administration in Florida usually takes six to nine months, in part because the three-month creditor period cannot be shortened. More complex estates, or those involving litigation, can take a year or longer. Personal representatives are entitled to reasonable compensation under Florida Statute 733.617, generally a percentage of the estate value. Attorney fees for ordinary services are governed by Florida Statute 733.6171, which provides a presumptively reasonable fee schedule based on the value of the probate estate.
When to Consult a Florida Probate Attorney
Even relatively simple estates involve filing deadlines, statutory notice requirements, and fiduciary duties that can expose a personal representative to personal liability if mishandled. Families could follow best practices by speaking with a qualified Florida probate attorney before filing anything with the court, particularly to evaluate whether summary administration may be available.
South Florida Law
South Florida Law is a larger-than-boutique firm that combines personalized, attentive service with the resources typically found at larger firms. Our firm’s attorneys have earned a five-star reputation for handling estate planning, probate administration, and probate litigation throughout Florida.
If your family is facing a Florida probate matter, contact South Florida Law PLLC to discuss your circumstances by calling (954) 900-8885 or by reaching out via our contact form.
